“The government interest here is one of private protection and self-defense for retired government employees on school property and therefore, allowing retired peace officers an exemption from the general ban of carrying concealed weapons on school property is rationally related to the legitimate state interest of ensuring their protection.” – Judge Beverly Reid O’Connell’s ruling in Garcia v. Harris challenging exemptions granted to retired California law enforcement officers
Gosh, I guess if it’s in the state’s interest…..
You have noted one of the three magic government incantations:
(1) compelling government interest
(2) public safety
(3) regulate interstate commerce
Whenever a government politician, bureaucrat, or judge wants to cast “legitimacy” on something that is illegal, they invoke one of those three magic incantations. After all, who can argue against a “compelling government interest”, “public safety”, or “regulating interstate commerce” (for our own good of course)?
It’s not about safety or public interest, for the Cabal its cash flow.
I especially like the SCOTUS approved “growing something for your own consumption materially effects interstate commerce and thus can be regulated, taxed, banned, whatever.” That one was game, set, and match for the feds.
More proof that the Supreme Court is not a dependable source of rationality. They have gotten lots of stuff right, but this is one of the times they got it wrong. Of course everyone knows just how wrong they can get it ever since Dred Scott.
So much clearly unconstitutional crap has been swept under the rug with the phrase “compelling government interest.” If federal and state judges were worth a crap, they would take this phrase as a need to be especially suspicious of any government claim. Where in the constitution does the phrase “compelling government interest” appear?
You mean *national* security, not public safety, right?
Wow, how did I miss that one?!?!?!? “National security” is government’s fourth magic incantation. I will add that to my list in future references.
Wow, how did I miss that one?!?!?!? “National security” is government’s fourth magic incantation. I will add that to my list in future references.
Pictured is another amphetamine-controlled woman making decisions on the direction of this country. Sigh…
Why is there a state interest (even assuming that is legitimate) in allowing FORMER state employees to carry firearms, while NOT allowing everyday citizens to do the same? Ignore the rule of law, swing. Hang the b*tch.
So I guess us ordinary folk can carry mace?
There’s always a carve-out for police and the Military. How about one for “the well-regulated militia”?
How about a carve-out for We the People?
Same thing.
“…..rationally related to the legitimate state interest in THEIR protection.” The Only Ones ™ of course. All others……..,…….not so much.
Equality in the eyes of the .gov? BWAHAHAHAHAHAHAHAHAHA
Yeh…..
This is one of the most ridiculous things I’ve ever read out of a California courtroom, and that’s saying something! Where the heck is the equal protection??
That died along with the rest of the Bill of Rights. The Democrats drowned it in a rain barrel.
I think rain barrels are illegal in California. If they aren’t, they will be soon.
They had a canoe accident?
Forget it, Jake. . .
The state also has a legitimate interest in not protecting any other retired employees…
“All animals are equal, but some animals are more equal than others.”
So said judges from Democratic People’s Republic of Kalifornia.
And this is my surprised face. 😐
So in order for me to exercise a constitutional right, i mist first pick a particular profession? A profession that the statists need to keep in their favor when they can finally morph to overseer? Yeah, sorry. But the 2A was made to ensure that no one became super citizens. If they did, then we could knock them down 6ft.
So retired government employees require self defense, but normal peon pauper citizens do not require self defense.
I guess that’s the same argument as government employees need NFA items for self defense.
So if you’re a government employee from Monday through Friday for 1/3rd of the day (8 hours), you are granted self defense rights “in perpetuity”. Your paycheck is paid for, BY THE PEOPLE, but those same people don’t get those same ‘rights’ (privileges).
I see you are understanding the concept quite well.
Yeah, my blue pill isn’t working either.
I think the word “rationally” may be used out of context.
Infringement continues, powder dry, eye on the prize.
“The government interest here is … for retired government employees …” – Judge Beverly Reid O’Connell
Translation: there is one set of laws for the ruling class and a different set of laws for the working class.
Note: that condition is an obvious violation of the U.S. Constitution (which forbids titles of nobility) and the Fourteenth Amendment (equal protection and privileges for everyone under law).
As for my “titles of nobility” argument, how else do we interpret a situation where a a select “special” group of people are exempt from a law (prohibiting carry of concealed firearms on school property) that applies to everyone else?
LEO’s are nothing more than errand runners for legislators and supported by judges, it’s their reward for continuing the infringement.
While that puts LEOs near/at the bottom of the ruling class ladder, that still qualifies them as part of the ruling class.
Saving my venom and Pb for their masters.
Not part of Ruling Class. Workers for the Ruling Class. Just as slaves weren’t part of the Plantation Class.
My comments are being marked as spam?
Huh?
“… allowing retired peace officers [to carry handguns] on school property is rationally related to the legitimate state interest of ensuring their [retired peace officers’] protection.” – Judge Beverly Reid O’Connell
Is there no “state interest” in the protection of everyone else??? The obvious answer is a huge “NO” since it is illegal for everyone else to protect themselves.
And this situation proves that California’s state government no longer exists to serve the fine people of California. Rather, the fine people of California exist to serve the government of California.
In my humble opinion the fine people of California are not bound to follow laws in such an inverted situation … any more so than John Q. Public is bound to follow the dictates of a mob boss who demands that John Q. Public serve that mob boss.
And this last comment should illustrate the situation in California most clearly: California government is nothing more than an Organized Crime Cabal. The only difference between the California government and a stereotypical organized crime cabal is that the California government is comfortable conducting much of their “business” in the open.
Some animals are more equal than others…
Remember the retired cop who blasted a fellow movie-goer over a cellphone ?
Cops are just as crazy as the rest of us. Probably more so.
Statistically, a licensed concealed carrier is 3 times less likely than an off-duty or retired cop to commit a violent crime.
And MSM wonders out loud why people are so fed up with government and why oh why is government poorly rated in poles. Hmmm, here is one more example.
Peggy Noonan’s WSJ article yesterday pretty much sums it all up
http://www.wsj.com/articles/how-global-elites-forsake-their-countrymen-1470959258
Her article applies all the way down to our local politicians
Why would they need private protection and self defense on school property? They are going to be wearing plain clothes like everyone else. Why is it the interest of self defense for students and faculty at school is of no concern but off duty, plain clothes cops on campus is?
Because the other students and professors/teachers are part of the sheep they wish to lord over. However they need the support of the police to control the sheep. So it is in the statist best intrest to keep them happy and give them a carve out.
And pensions.
Forgot to capitalize “State”.
is not a tax payer Cadillac life long retirement plan for husband and wife, including top tier healthcare for life, cheaper guns than us common folk, and lifetime of spouse getting out of local speeding tickets, enough of a bonus? Guess leo need to be only people allowed to be legally armed for life as well….
Being an instrument of state oppression, even a retired one, does have its privileges.
But.. but.. that policeone poll said all cops support 2A! Even the ones who lobbied for this carve-out!
So, what you’re saying is that retired police officers deserve more protection than the general public?
Doesn’t that run right up against the 14th amendment? Shouldn’t you, as a judge, know this?
As a liberal judge, the constituion is only necessary when trying to push their agenda. When it disagrees with their agenda, they say things like “compelling government interest” to get around the limitations imposed on them.
You forgot to mention the “it’s just a 200 year old piece of paper that has no place in modern society…..except when it’s not” clause for Liberal politicians.
Translation: “Sit down, shut up and and do as you’re told taxslave.”
Bribing LEOs with privileges so it makes infringement easier for them to swallow.
Implying cops reluctantly accept the carve-out.
In reality, they embrace government privilege and all the exclusionary perks.
in·sur·rec·tion
ˌinsəˈrekSH(ə)n/
noun
noun: insurrection; plural noun: insurrections
a violent uprising against an authority or government.
“the insurrection was savagely put down”
synonyms: rebellion, revolt, uprising, mutiny, revolution, insurgence, riot, sedition, subversion; More
civil disorder, unrest, anarchy;
coup (d’état)
“the suspects all escaped after a prison insurrection”
trea·son
ˈtrēzən/
noun
noun: treason; noun: high treason; plural noun: high treasons
the crime of betraying one’s country, especially by attempting to kill the sovereign or overthrow the government.
“they were convicted of treason”
synonyms: treachery, disloyalty, betrayal, faithlessness; More
sedition, subversion, mutiny, rebellion;
high treason, lèse-majesté;
apostasy;
literaryperfidy
“the treason of Benedict Arnold will be recounted for centuries”
antonyms: allegiance, loyalty
the action of betraying someone or something.
plural noun: treasons
“doubt is the ultimate treason against faith”
synonyms: treachery, disloyalty, betrayal, faithlessness; More
sedition, subversion, mutiny, rebellion;
high treason, lèse-majesté;
apostasy;
literaryperfidy
“the treason of Benedict Arnold will be recounted for centuries”
antonyms: allegiance, loyalty
historical
the crime of murdering someone to whom the murderer owed allegiance, such as a master or husband.
noun: petty treason; plural noun: petty treasons
By the way, isn’t there a similar carve out for state court judges? Yep, some animals are more equal than others!
Protection for them, but not for the rest of us. Some pigs are more equal than others. Got it.
These court decisions are nothing more than legalized bribery. Enforce our unconstitutional violations of American civil rights, and we’ll give you even MOAR privileges.
“The government interest here is one of PRIVATE protection…”
Screwed the pooch in the first nine words.
That liberty tree is getting awfully thirsty, especially in California.
I think the NRA should implement a Liberty Clock modeled after the Doomsday Clock used during the Cold War.
At this point, I figure we are about two minutes from Lexington.
“Rationally”… You keep using that word. I don’t it means what you think it means. -Inigo Montoya
So precisely how often are retired LEOs assaulted of school campuses you robe wearing clown?
Don’t worry.
You voted in California for people who supported legal pot, legal oral and anal sex, and teaching second graders about the wonders of homosexual sex acts.
To bad they won’t teach children how to calculate bullet drop. Or how wind effects bullet travel.
Those same politicians were also against the second amendment.
Tom Ammiano the proud gay white man and law maker and ex San Francisco police officer is very happy right now. He wrote the law making stalking victims wait up to 10 days longer to get a gun. Thousands of people cheer him in gay pride parades.